Cineverse Corp.
For the period ended Mar 31, 2025. Filed Jun 30, 2025.
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FY2025 · Filed Jun 30, 2025
Extracted filing text, with the paragraph anchors used by the comparison.
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ITEM 15. Exhibits and Financial Statement Schedules
ITEM 15. EXHIBIT AND FINANCIAL STATEMENT SCHEDULES
(a)(1) Financial Statements
See Index to Financial Statements in Item 8 herein.
(a)(2) Financial Statement Schedules
None.
(a)(3) Exhibits
The exhibits are listed in the Exhibit Index beginning on the following page herein.
EXHIBIT INDEX
| Exhibit | Description of Document | |
| 3.1 | - | Fifth Amended and Restated Certificate of Incorporation of the Company, as amended. (37) |
| 3.2 | - | Second Amended and Restated Bylaws of the Company. (16) |
| 4.1 | - | Specimen certificate representing Class A common stock. (1) |
| 4.2 | - | Specimen certificate representing Series A Preferred Stock. (7) |
| 4.3 | - | Security Agreement, dated as of October 18, 2011, among CDF2 Holdings, LLC and each Grantor from time to time party thereto and Société Générale, New York Branch, as Collateral Agent for CHG-Meridian U.S. Finance, Ltd. And any other CHG Lease Participants. (13) |
| 4.4 | - | Trademark Security Agreement dated as of September 15, 2022 by and between East West Bank and each of Cinedigm Corp. and the Guarantors thereto. (32) |
| 4.4.1 | - | Trademark Security Agreement dated as of April 8, 2025 by and among East West Bank, Cineverse Corp. and the Guarantors party thereto. (43) |
| 4.5 | - | Copyright Security Agreement dated as of September 15, 2022 by and between East West Bank and each of Cinedigm Corp. and the Guarantors thereto. (32) |
| 4.5.1 | - | Amendment No. 1 to Copyright Security Agreement, dated as of August 8, 2023, by and among East West Bank and each of Cineverse Corp. and the Guarantors party thereto. (41) |
| 4.5.2 | - | Copyright Security Agreement dated as of April 8, 2025 by and among East West Bank, Cineverse Corp. and the Guarantors party thereto. (43) |
| 4.6 | - | Guaranty Agreement dated as of April 5, 2024 by Cineverse Corp. to BondIt, LLC. (46) |
| 4.7 | - | Form of Common Warrant (36) |
| 4.8* | - | Description of Securities |
| 10.1† | - | Second Amended and Restated 2000 Equity Incentive Plan of the Company. (3) |
| 10.1.1† | - | Amendment dated May 9, 2008 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (5) |
| 10.1.2† | - | Form of Notice of Restricted Stock Award. (3) |
| 10.1.3† | - | Form of Non-Statutory Stock Option Agreement. (4) |
| 10.1.4† | - | Form of Restricted Stock Unit Agreement (employees). (5) |
| 10.1.5† | - | Form of Stock Option Agreement. (2) |
| 10.1.6† | - | Form of Restricted Stock Unit Agreement (directors). (5) |
| 10.1.7† | - | Amendment No. 2 dated September 4, 2008 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (6) |
| 10.1.8† | - | Amendment No. 3 dated September 30, 2009 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (8) |
| 10.1.9† | - | Amendment No. 4 dated September 14, 2010 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (11) |
| 10.1.10† | - | Amendment No. 5 dated April 20, 2012 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (12) |
| 10.1.11† | - | Amendment No. 6 dated September 12, 2012 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (14) |
| 10.1.12† | - | Amendment No. 7 dated September 16, 2014 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (15) |
| 10.1.13† | - | Amendment No. 8 dated September 8, 2016 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (17) |
| 10.1.14† | - | Amendment No. 9 dated September 27, 2016 to the Second Amended and Restated 2000 Equity Incentive Plan of the Company. (18) |
| 10.2† | - | Cinedigm Corp. Management Incentive Award Plan. (9) |
| 10.3† | - | Form of Indemnification Agreement for non-employee directors. (10) |
| 10.4† | - | 2017 Equity Incentive Plan of the Company. (19) |
| 10.4.1† | - | Form of Notice of Incentive Stock Option Grant. (20) |
| 10.4.2† | - | Form of Notice of Option Grant. (20) |
| 10.4.3† | - | Form of Notice of Restricted Stock Award. (20) |
| 10.4.4† | - | Form of Notice of Restricted Stock Unit Award. (20) |
| 10.4.5† | - | Form of Notice of Performance-Based Restricted Stock Award. (22) |
| 10.4.6† | - | Form of Notice of Stock Appreciation Right Grant (revised). (23) |
| 10.4.7† | - | Amendment No. 1 to the 2017 Equity Incentive Plan. (24) |
| 10.4.8† | - | Amendment No. 2 to the 2017 Equity Incentive Plan. (25) |
| 10.4.9† | - | Amendment No. 3 to the 2017 Equity Incentive Plan. (26) |
| 10.4.10† | - | Amendment No. 4 to the 2017 Equity Incentive Plan. (27) |
| 10.4.11† | - | Amendment No. 5 to the 2017 Equity Incentive Plan. (28) |
| 10.4.12† | - | Form of Notice of Restricted Stock Award (Directors). (29) |
| 10.4.13† | - | Form of Notice of Performance-Based Restricted Stock Unit Award. (33) |
| 10.4.14† | - | Amendment No. 6 to the 2017 Equity Incentive Plan. (34) |
| 10.4.15† | - | Amendment No. 7 to the 2017 Equity Incentive Plan. (42) |
| 10.5 | - | Equipment Purchase Agreement effective as of March 17, 2021 between Cinedigm Digital Funding I, LLC and American Multi-Cinema, Inc. (30) |
| 10.6 | - | Equipment Purchase Agreement effective as of March 17, 2021 between Access Digital Cinema Phase 2, Corp., Access Digital Cinema Phase 2 B/AIX Corp. and American Multi-Cinema, Inc. (30) |
| 10.7† | - | Employment Agreement between Cinedigm Corp. and Christopher J. McGurk dated as of October 17, 2022.** (33) |
| 10.7.1† | - | Employment Agreement between Cineverse Corp. and Christopher J. McGurk dated as of May 1, 2025. (44) |
| 10.8 | - | Multiparty Agreement, dated as of October 18, 2011, among Cinedigm Digital Funding 2, LLC, as Borrower, Access Digital Cinema Phase 2, Corp., CDF2 Holdings, LLC, Cinedigm Digital Cinema Corp., CHG-MERIDIAN U.S. Finance, Ltd., Société Générale, New York Branch, as Senior Administrative Agent and Ballantyne Strong, Inc., as Approved Vendor. (13) |
| 10.9 | - | Master Equipment Lease No. 8463, effective as of October 18, 2011, by and between CHG- MERIDIAN U.S. Finance, Ltd. And CDF2 Holdings, LLC. (13) |
| 10.10 | - | Master Equipment Lease No. 8465, effective as of October 18, 2011, by and between CHG-MERIDIAN U.S. Finance, Ltd. And CDF2 Holdings, LLC. (13) |
| 10.11 | - | Sale and Leaseback Agreement, dated as of October 18, 2011, by and between CDF2 Holdings, LLC and CHG-MERIDIAN U.S. Finance, Ltd. (13) |
| 10.12 | - | Registration Rights Agreement, dated as of November 1, 2017, between the Company and the purchasers listed on Schedule I therein. (21) |
| 10.13 | - | Amended and Restated Loan, Guaranty and Security Agreement dated as of September 15, 2022 by and among Cinedigm Corp., East West Bank and the Guarantors named therein. (32) |
| 10.13.1 | - | Amendment No. 1 to Amended and Restated Loan, Guaranty and Security Agreement, dated as of August 8, 2023, by and between Cineverse Corp., East West Bank and the Guarantors named therein.** (41) |
| 10.13.2 | - | Amendment No. 2 to Amended and Restated Loan, Guaranty and Security Agreement dated as of February 9, 2024 by and among Cineverse Corp., East West Bank and the Guarantors named therein. ** (38) |
| 10.13.3 | - | Amendment No. 3 to Amended and Restated Loan, Guaranty and Security Agreement dated as of September 15, 2022 with East West Bank and the Guarantors named therein. (46) |
| 10.13.4 | - | Amendment No. 4 to Amended and Restated Loan, Guaranty and Security Agreement, dated as of August 9, 2024 with East West Bank and the Guarantors named therein.** (47) |
| 10.13.5 | - | Second Amended and Restated Loan, Guaranty and Security Agreement dated as of April 8, 2025 by and among East West Bank, Cineverse Corp. and the Guarantors party thereto. (43) |
| 10.14† | Employment Agreement between Cinedigm Corp. and Gary S. Loffredo dated as of May 16, 2023. (35) | |
| 10.14.1 | - | Employment Agreement between Cineverse Corp. and Gary Loffredo dated as of May 1, 2025. (44) |
| 10.15† | - | Employment Agreement between Cinedigm Corp. and Erick Opeka dated as of May 16, 2023.**(35) |
| 10.15.1 † | - | Employment Agreement between Cineverse Corp. and Erick Opeka dated as of May 1, 2025. (44) |
| 10.16 | - | Amended and Restated Equity Purchase Agreement dated March 25, 2022 among the Company, and David Chu, Augustine Hong, Helen Hong, Michael Hong, Justin Lee, Steven Park, and Kingsoon Ong (collectively, the “Sellers”) and David Chu as representative of the Sellers. (31) |
| 10.17† | - | Employment Agreement between Cinedigm Corp. and Antonio Huidor dated as of May 16, 2023. (35) |
| 10.17.1† | - | Employment Agreement between Cineverse Corp. and Antonio Huidor dated as of May 1, 2025. (45) |
| 10.18 | - | Securities Purchase Agreement dated June 14, 2023. (36) |
| 10.19† | - | Employment Agreement dated September 14, 2023 between Cineverse Corp. and Mark Lindsey (Certain Portions Omitted). (40) |
| 10.20 | - | Sales Agreement, dated May 3, 2024 between Cineverse Corp., A.G.P./Alliance Global Partners and The Benchmark Company, LLC. (39) |
| 10.21 | - | Loan and Security Agreement dated as of April 5, 2024 by and among Cineverse Terrifier LLC, BondIt LLC, and the Guarantors named therein.** (46) |
| 19.1* | - | Insider Trading Policy. |
| 21.1* | - | List of Subsidiaries. |
| 23.1* | - | Consent of EisnerAmper LLP. |
| 24.1* | - | Powers of Attorney. (Contained on signature page) |
| 31.1* | - | Officer’s Certificate Pursuant to 15 U.S.C. Section 7241, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
| 31.2* | - | Officer’s Certificate Pursuant to 15 U.S.C. Section 7241, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
| 32.1* | - | Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
| 32.2* | - | Certification of Chief Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
| 97.1 | - | Clawback Policy dated November 25, 2023. (48) |
| 101.INS | Inline XBRL Instance Document. | |
| 101.SCH | Inline XBRL Taxonomy Extension Schema With Embedded Linkbases Document. | |
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101). |
- Filed herewith.
† Management compensatory arrangement.
** Portions of this exhibit have been omitted pursuant to Rule 601(b)(10) of Regulation S-K. The omitted information is not material and would likely cause competitive harm to the registrant if publicly disclosed.
Documents Incorporated Herein by Reference:
(1)
Previously filed with the Securities and Exchange Commission on November 4, 2003 as an exhibit to the Company’s Amendment No. 3 to Registration Statement on Form SB-2 (File No. 333-107711).
(2)
Previously filed with the Securities and Exchange Commission on April 25, 2005 as an exhibit to the Company’s Registration Statement on Form S-8 (File No. 333-124290).
(3)
Previously filed with the Securities and Exchange Commission on September 24, 2007 as an exhibit to the Company’s Form 8-K (File No. 000-51910).
(4)
Previously filed with the Securities and Exchange Commission on April 3, 2008 as an exhibit to the Company’s Form 8-K (File No. 000-51910).
(5)
Previously filed with the Securities and Exchange Commission on May 14, 2008 as an exhibit to the Company’s Form 8-K (File No. 000-51910).
(6)
Previously filed with the Securities and Exchange Commission on September 10, 2008 as an exhibit to the Company’s Form 8-K (File No. 000-51910).
(7)
Previously filed with the Securities and Exchange Commission on February 9, 2009 as an exhibit to the Company’s Form 8-K (File No. 000-51910).
(8)
Previously filed with the Securities and Exchange Commission on October 6, 2009 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(9)
Previously filed with the Securities and Exchange Commission on October 27, 2009 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(10)
Previously filed with the Securities and Exchange Commission on September 21, 2009 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(11)
Previously filed with the Securities and Exchange Commission on September 16, 2010 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(12)
Previously filed with the Securities and Exchange Commission on April 24, 2012 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(13)
Previously filed with the Securities and Exchange Commission on October 24, 2011 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(14)
Previously filed with the Securities and Exchange Commission on September 14, 2012 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(15)
Previously filed with the Securities and Exchange Commission on September 17, 2014 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(16)
Previously filed with the Securities and Exchange Commission on March 3, 2023 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(17)
Previously filed with the Securities and Exchange Commission on September 8, 2016 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(18)
Previously filed with the Securities and Exchange Commission on September 28, 2016 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(19)
Previously filed with the Securities and Exchange Commission on September 1, 2017 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(20)
Previously filed with the Securities and Exchange Commission on October 2, 2017 as an exhibit to the Company’s Registration Statement on Form S-8 (File No. 333-220773).
(21)
Previously filed with the Securities and Exchange Commission on November 6, 2017 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(22)
Previously filed with the Securities and Exchange Commission on November 16, 2017 as an exhibit to the Company’s Form 10-Q (File No. 001-31810).
(23)
Previously filed with the Securities and Exchange Commission on December 7, 2018 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(24)
Previously filed with the Securities and Exchange Commission on December 5, 2019 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(25)
Previously filed with the Securities and Exchange Commission on September 4, 2020 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(26)
Previously filed with the Securities and Exchange Commission on October 26, 2020 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(27)
Previously filed with the Securities and Exchange Commission on August 10, 2021 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(28)
Previously filed with the Securities and Exchange Commission on October 12, 2021 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(29)
Previously filed with the Securities and Exchange Commission on August 13, 2021 as an exhibit to the Company’s Form 8-K/A (File No. 001-31810).
(30)
Previously filed with the Securities and Exchange Commission on July 30, 2021 as an exhibit to the Company’s Form 10-K (File No. 001-31810).
(31)
Previously filed with the Securities and Exchange Commission on September 9, 2021 as an exhibit to the Company’s Form 10-Q (File No. 001-31810).
(32)
Previously filed with the Securities and Exchange Commission on February 14, 2023 as an exhibit to the Company’s Form 10-Q (File No. 001-31810).
(33)
Previously filed with the Securities and Exchange Commission on October 19, 2022 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(34)
Previously filed with the Securities and Exchange Commission on December 14, 2023 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(35)
Previously filed with the Securities and Exchange Commission on May 22, 2023 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(36)
Previously filed with the Securities and Exchange Commission on June 15, 2023 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(37)
Previously filed with the Securities and Exchange Commission on June 29, 2023 as an exhibit to the Company’s Form 10-K (File No. 001-31810).
(38)
Previously filed with the Securities and Exchange Commission on February 14, 2024 as an exhibit to the Company’s Form 10-Q (File No. 001-31810).
(39)
Previously filed with the Securities and Exchange Commission on May 3, 2024 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(40)
Previously filed with the Securities and Exchange Commission on September 18, 2024 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(41)
Previously filed with the Securities and Exchange Commission on August 14, 2023 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(42)
Previously filed with the Securities and Exchange Commission on January 6, 2025 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(43)
Previously filed with the Securities and Exchange Commission on April 14, 2025 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(44)
Previously filed with the Securities and Exchange Commission on May 7, 2025 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(45)
Previously filed with the Securities and Exchange Commission on May 20, 2025 as an exhibit to the Company’s Form 8-K (File No. 001-31810).
(46)
Previously filed with the Securities and Exchange Commission on August 14, 2024 as an exhibit to the Company’s Form 10-Q (File No. 001-31810).
(47)
Previously filed with the Securities and Exchange Commission on November 14, 2024 as an exhibit to the Company’s Form 10-Q (File No. 001-31810).
(48)
Previously filed with the Securities and Exchange Commission on July 1, 2024 as an exhibit to the Company’s Form 10-K (File No. 001-31810).
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.